Chapter XII: Part 12

Whereas exequaturs were heretofore issued to the following-named persons at the dates mentioned and for the places specified, recognizing them as consular officers, respectively, of the Kingdom of Hanover, of the Electorate of Hesse, of the Duchy of Nassau, and of the city of Frankfort, and declaring them free to exercise and enjoy functions, powers, and privileges under the said exequaturs, viz:

FOR THE KINGDOM OF HANOVER.

Julius Frederich, consul at Galveston, Tex., July 28, 1848.
Otto Frank, consul at San Francisco, Cal., July 9, 1850.
Augustus Reichard, consul at New Orleans, La., January 22, 1853.
Kauffmann H. Muller, consul at Savannah, Ga., June 28, 1854.
G.C. Baurmeister, consul at Charleston, S.C., April 21, 1856.
Adolph Gosling, consul-general at New York, November 7, 1859.
G.W. Hennings, vice-consul at New York, July 2, 1860.
George Papendiek, consul at Boston, November 3, 1863.
Francis A. Hoffmann, consul at Chicago, July 26, 1864.
Carl C. Schöttler, consul at Philadelphia, Pa., September 23, 1864.
A. Rettberg, consul at Cleveland, Ohio, September 27, 1864.
A.C. Wilmaus, consul at Milwaukee, Wis., October 7, 1864.
Adolph Meier, consul at St. Louis, Mo., October 7, 1864.
Theodor Schwartz, consul at Louisville, Ky., October 12, 1864.
Carl F. Adae, consul at Cincinnati, Ohio, October 20, 1864.
Werner Dresel, consul at Baltimore, Md., July 25, 1866.

FOR THE ELECTORATE OF HESSE.

Theodor Wagner, consul at Galveston, Tex., March 7, 1857.
Clamor Friedrich Hagedorn, consul at Philadelphia, February 14, 1862.
Werner Dresel, consul at Baltimore, Md., September 26, 1864.
Friedrich Kuhne, consul at New York, September 30, 1864.
Richard Thiele, consul at New Orleans, La., October 18, 1864.
Carl Adae, consul at Cincinnati, Ohio, October 20, 1864.
Robert Barth, consul at St. Louis, Mo., April 11, 1865.
C.F. Mebius, consul at San Francisco, Cal., May 3, 1865.

FOR THE DUCHY OF NASSAU.

Wilhelm A. Kobbe, consul-general for the United States at New York,
November 19, 1846.
Friedrich Wilhelm Freudenthal, consul for Louisiana at New Orleans,
January 22, 1852.
Franz Moureau, consul for the western half of Texas at New Braunfels,
April 6, 1857.
Carl C. Finkler, consul for California at San Francisco, May 21, 1864.
Ludwig von Baumbach, consul for Wisconsin, September 27, 1864.
Otto Cuntz, consul for Massachusetts at Boston, October 7, 1864.
Friedrich Kuhne, consul at New York, September 30, 1864.
Carl F. Adae, consul for the State of Ohio, October 20, 1864.
Robert Barth, consul for Missouri, April 18, 1865.

FOR THE CITY OF FRANKFORT.

John H. Harjes, consul at Philadelphia, Pa., September 27, 1864.
F.A. Reuss, consul at St. Louis, Mo., September 30, 1864.
A.C. Wilmanns, consul for Wisconsin at Milwaukee, October 7, 1864.
Francis A. Hoffmann, consul for Chicago, Ill., October 12, 1864.
Carl F. Adae, consul for Ohio and Indiana, October 20, 1864.
Jacob Julius de Neufville, consul in New York, July 3, 1866.

And whereas the said countries, namely, the Kingdom of Hanover, the Electorate of Hesse, the Duchy of Nassau, and the city of Frankfort, have, in consequence of the late war between Prussia and Austria, been united to the Crown of Prussia; and

Whereas His Majesty the King of Prussia has requested of the President of the United States that the aforesaid exequaturs may, in consequence of the before-recited premises, be revoked:

Now, therefore, these presents do declare that the above-named consular officers are no longer recognized, and that the exequaturs heretofore granted to them are hereby declared to be absolutely null and void from this day forward.

In testimony whereof I have caused these letters to be made patent and the seal of the United States of America to be hereunto affixed.

[SEAL.]

Given under my hand at the city of Washington, this 19th day of December, A.D. 1866, and of the Independence of the United States of America the ninety-first.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.

ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.

_To all whom it may concern_:

An exequatur, bearing date the 22d day of March, 1866, having been issued to Gerhard Janssen, recognizing him as consul of Oldenburg for New York and declaring him free to exercise and enjoy such functions, powers, and privileges as are allowed to consuls by the law of nations or by the laws of the United States and existing treaty stipulations between the Government of Oldenburg and the United States, and the said Janssen having refused to appear in the supreme court of the State of New York to answer in a suit there pending against himself and others on the plea that he is a consular officer of Oldenburg, thus seeking to use his official position to defeat the ends of justice, it is deemed advisable that the said Gerhard Janssen should no longer be permitted to continue in the exercise of said functions, powers, and privileges.

These are therefore to declare that I no longer recognize the said Gerhard Janssen as consul of Oldenburg for New York and will not permit him to exercise or enjoy any of the functions, powers, or privileges allowed to consuls of that nation; and that I do hereby wholly revoke and annul the said exequatur heretofore given and do declare the same to be absolutely null and void from this day forward.

In testimony whereof I have caused these letters to be made patent and the seal of the United States of America to be hereunto affixed.

[SEAL.]

Given under my hand at Washington, this 26th day of December, A.D. 1866, and of the Independence of the United States of America the ninety-first.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas satisfactory evidence has been received by me from His Imperial Majesty the Emperor of France, through the Marquis de Montholon, his envoy extraordinary and minister plenipotentiary, that vessels belonging to citizens of the United States entering any port of France or of its dependencies on or after the 1st day of January, 1867, will not be subjected to the payment of higher duties on tonnage than are levied upon vessels belonging to citizens of France entering the said ports:

Now, therefore, I, Andrew Johnson, President of the United States of America, by virtue of the authority vested in me by an act of Congress of the 7th day of January, 1824, entitled "An act concerning discriminating duties of tonnage and impost," and by an act in addition thereto of the 24th day of May, 1828, do hereby declare and proclaim that on and after the said 1st day of January, 1867, so long as vessels of the United States shall be admitted to French ports on the terms aforesaid, French vessels entering ports of the United States will be subject to no higher rates of duty on tonnage than are levied upon vessels of the United States in the ports thereof.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 28th day of December, A.D. 1866, and of the Independence of the United States of America the ninety-first.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas, in virtue of the power conferred by the act of Congress approved June 22, 1860, sections 15 and 24 of which act were designed by proper provisions to secure the strict neutrality of citizens of the United States residing in or visiting the Empires of China and Japan, a notification was issued on the 4th of August last by the legation of the United States in Japan, through the consulates of the open ports of that Empire, requesting American shipmasters not to approach the coasts of Suwo and Nagato pending the then contemplated hostilities between the Tycoon of Japan and the Daimio of the said Provinces; and

Whereas authentic information having been received by the said legation that such hostilities had actually commenced, a regulation in furtherance of the aforesaid notification and pursuant to the act referred to was issued by the minister resident of the United States in Japan forbidding American merchant vessels from stopping or anchoring at any port or roadstead in that country except the three opened ports, viz, Kanagawa (Yokohama), Nagasaki, and Hakodate, unless in distress or forced by stress of weather, as provided by treaty, and giving notice that masters of vessels committing a breach of the regulation would thereby render themselves liable to prosecution and punishment and also to forfeiture of the protection of the United States if the visit to such nonopened port or roadstead should either involve a breach of treaty or be construed as an act in aid of insurrection or rebellion:

Now, therefore, be it known that I, Andrew Johnson, President of the United States of America, with a view to prevent acts which might injuriously affect the relations existing between the Government of the United States and that of Japan, do hereby call public attention to the aforesaid notification and regulation, which are hereby sanctioned and confirmed.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 12th day of January, A.D. 1867, and of the Independence of the United States the ninety-first.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by an act of the Congress of the United States of the 24th of May, 1828, entitled "An act in addition to an act entitled 'An act concerning discriminating duties of tonnage and impost' and to equalize the duties on Prussian vessels and their cargoes," it is provided that, upon satisfactory evidence being given to the President of the United States by the government of any foreign nation that no discriminating duties of tonnage or impost are imposed or levied in the ports of the said nation upon vessels wholly belonging to citizens of the United States or upon the produce, manufactures, or merchandise imported in the same from the United States or from any foreign country, the President is thereby authorized to issue his proclamation declaring that the foreign discriminating duties of tonnage and impost within the United States are and shall be suspended and discontinued so far as respects the vessels of the said foreign nation and the produce, manufactures, or merchandise imported into the United States in the same from the said foreign nation or from any other foreign country, the said suspension to take effect from the time of such notification being given to the President of the United States and to continue so long as the reciprocal exemption of vessels belonging to citizens of the United States and their cargoes, as aforesaid, shall be continued, and no longer; and

Whereas satisfactory evidence has lately been received by me from His Majesty the King of the Hawaiian Islands, through an official communication of His Majesty's minister of foreign relations under date of the 10th of December, 1866, that no other or higher duties of tonnage and impost are imposed or levied in the ports of the Hawaiian Islands upon vessels wholly belonging to citizens of the United States and upon the produce, manufactures, or merchandise imported in the same from the United States and from any foreign country whatever than are levied on Hawaiian ships and their cargoes in the same ports under like circumstances:

Now, therefore, I, Andrew Johnson, President of the United States of America, do hereby declare and proclaim that so much of the several acts imposing discriminating duties of tonnage and impost within the United States are and shall be suspended and discontinued so far as respects the vessels of the Hawaiian Islands and the produce, manufactures, and merchandise imported into the United States in the same from the dominions of the Hawaiian Islands and from any other foreign country whatever, the said suspension to take effect from the said 10th day of December and to continue thenceforward so long as the reciprocal exemption of the vessels of the United States and the produce, manufactures, and merchandise imported into the dominions of the Hawaiian Islands in the same, as aforesaid, shall be continued on the part of the Government of His Majesty the King of the Hawaiian Islands.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, the 29th day of January, A.D. 1867, and of the Independence of the United States of America the ninety-first.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas the Congress of the United States did by an act approved on the 19th day of April, 1864, authorize the people of the Territory of Nebraska to form a constitution and State government and for the admission of such State into the Union on an equal footing with the original States upon certain conditions in said act specified; and

Whereas said people did adopt a constitution conforming to the provisions and conditions of said act and ask admission into the Union; and

Whereas the Congress of the United States did on the 8th and 9th days of February, 1867, in mode prescribed by the Constitution, pass a further act for the admission of the State of Nebraska into the Union, in which last-named act it was provided that it should not take effect except upon the fundamental condition that within the State of Nebraska there should be no denial of the elective franchise or of any other right to any person by reason of race or color, excepting Indians not taxed, and upon the further fundamental condition that the legislature of said State, by a solemn public act, should declare the assent of said State to the said fundamental condition and should transmit to the President of the United States an authenticated copy of said act of the legislature of said State, upon receipt whereof the President, by proclamation, should forthwith announce the fact, whereupon said fundamental condition should be held as a part of the organic law of the State, and thereupon, and without any further proceeding on the part of Congress, the admission of said State into the Union should be considered as complete; and

Whereas within the time prescribed by said act of Congress of the 8th and 9th of February, 1867, the legislature of the State of Nebraska did pass an act ratifying the said act of Congress of the 8th and 9th of February, 1867, and declaring that the aforenamed provisions of the third section of said last-named act of Congress should be a part of the organic law of the State of Nebraska; and

Whereas a duly authenticated copy of said act of the legislature of the State of Nebraska has been received by me:

Now, therefore, I, Andrew Johnson, President of the United States of America, do, in accordance with the provisions of the act of Congress last herein named, declare and proclaim the fact that the fundamental conditions imposed by Congress on the State of Nebraska to entitle that State to admission to the Union have been ratified and accepted and that the admission of the said State into the Union is now complete.

In testimony whereof I have hereto set my hand and have caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 1st day of March, A.D. 1867, and of the Independence of the United States of America the ninety-first.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.

[Note.--The Fortieth Congress, first session, met March 4, 1867, in accordance with the act of January 22, 1867, and on March 30, in accordance with the concurrent resolution of March 29, adjourned to July 3. The Senate met in special session April 1, in conformity to the proclamation of the President of the United States of March 30, and on April 20 adjourned without day. The Fortieth Congress, first session, again met July 3, and on July 20, in accordance with the concurrent resolution of the latter date, adjourned to November 21; again met November 21, and on December 2, 1867, in accordance with the concurrent resolution of November 26, adjourned without day.]

SPECIAL MESSAGES.

MARCH 11, 1867.

_To the Senate of the United States_:

I transmit to the Senate, in answer to their resolution of the 28th of July last, a report from the Secretary of State, with accompanying documents.[18]

ANDREW JOHNSON.

[Footnote 18: Correspondence since March 4, 1857, touching the claim to military service asserted by France and Prussia in reference to persons born in those countries, but who have since become citizens of the United States.]

WASHINGTON CITY, _March 13, 1867_.

_To the Senate of the United States_:

I herewith lay before the Senate, for its constitutional action thereon, a treaty concluded this day between the United States and the chiefs and headmen of the Kickapoo tribe of Indians.

A letter of the Secretary of the Interior and a copy of a letter of the Commissioner of Indian Affairs, explanatory of said treaty, are also herewith transmitted.

ANDREW JOHNSON.

WASHINGTON CITY, D.C., _March 13, 1867_.

_To the Senate of the United States_:

I herewith lay before the Senate, for its constitutional action thereon, a treaty concluded in this city on the 15th instant [ultimo] between the United States and the Stockbridge and Munsee tribes of Indians.

A letter of the Secretary of the Interior of the 25th instant [ultimo] and a copy of a communication from the Commissioner of Indian Affairs of the 19th instant [ultimo], explanatory of the said treaty, are also herewith transmitted.

ANDREW JOHNSON.

WASHINGTON CITY, D.C., _March 13, 1867_.

_To the Senate of the United States_:

I herewith lay before the Senate, for its constitutional action thereon, a treaty concluded in this city on the 23d instant [ultimo] between the United States and the following tribes of Indians, viz: The Senecas, the confederated Senecas and Shawnees, the Quapaws, the Ottawas, the confederated Peorias, Kaskaskias, Weas and Piankeshaws, and the Miamis.

A letter of the Secretary of the Interior of the 26th instant [ultimo] and a copy of a letter of the Commissioner of Indian Affairs of the 25th instant [ultimo], explanatory of said treaty, are also herewith transmitted.

ANDREW JOHNSON.

WASHINGTON CITY, D.C., _March 13, 1867_.

_To the Senate of the United States_:

I herewith lay before the Senate, for its constitutional action thereon, a treaty concluded on the 2d March, 1866, between the United States and the Shawnee tribe of Indians of Kansas.

A letter of the Secretary of the Interior of the 6th instant and a copy of a communication from the Commissioner of Indian Affairs of the 2d instant, explanatory of the said treaty, are also herewith transmitted.

ANDREW JOHNSON.

WASHINGTON CITY, D.C., _March 13, 1867_.

_To the Senate of the United States_:

I herewith lay before the Senate, for its constitutional action thereon, a treaty concluded on the 27th instant [ultimo] between the United States and the Pottawatomie tribe of Indians.

A letter of the Secretary of the Interior of the 28th instant [ultimo] and a copy of a communication from the Commissioner of Indian Affairs of the 27th instant [ultimo], explanatory of the said treaty, are also herewith transmitted.

ANDREW JOHNSON.

WASHINGTON CITY, D.C., _March 13, 1867_.

_To the Senate of the United States_:

I herewith lay before the Senate, for its constitutional action thereon a treaty concluded in this city on the 13th instant [ultimo] between the United States and the Kansas or Kaw tribe of Indians.

A letter of the Secretary of the Interior of the 25th instant [ultimo] and a copy of a communication of the 19th instant [ultimo] from the Commissioner of Indian Affairs, explanatory of said treaty, are also herewith transmitted.

ANDREW JOHNSON.

WASHINGTON CITY, _March 13, 1867_.

_To the Senate of the United States_:

I herewith lay before the Senate, for its constitutional action thereon, a treaty this day concluded between the United States and the Cherokee Nation of Indians, providing for the sale of their lands in Kansas, known as the "Cherokee neutral lands."

A letter of the Secretary of the Interior and accompanying copy of a letter from the Commissioner of Indian Affairs of this date, in relation to the treaty, are also herewith transmitted.

ANDREW JOHNSON.

WASHINGTON, _March 14, 1867_.

_To the House of Representatives_:

I transmit herewith a report from the Secretary of State, in further answer to the resolution[19] of the House of Representatives of the 24th of January last.

ANDREW JOHNSON.

[Footnote 19: Requesting information "in relation to a removal of the Protestant Church or religious assembly meeting at the American embassy from the city of Rome by an order of that Government."]

WASHINGTON, _March 15, 1867_.

_To the Senate of the United States_:

I transmit to the Senate, in further answer to their resolution of the 31st of January last, a report from the Secretary of State, with accompanying documents.[20]

ANDREW JOHNSON.

[Footnote 20: Dispatch from the United States consul at Geneva, with an inclosure, refuting charges against his moral character, etc.]

WASHINGTON, _March 20, 1867_.

_To the House of Representatives_:

I transmit to the House of Representatives, in answer to their resolution of the 18th instant, a report[21] from the Secretary of State, with its accompanying papers.

ANDREW JOHNSON.

[Footnote 21: Relating to trials in Canada of citizens of the United States for complicity in the Fenian invasion of that country.]

WASHINGTON, _March 20, 1867_.

_To the House of Representatives_:

I transmit to the House of Representatives, in answer to their resolution of the 18th instant, a report[22]from the Secretary of State, with an accompanying paper.

ANDREW JOHNSON.

[Footnote 22: Relating to the withdrawal of French troops from the Mexican Republic.]

WASHINGTON, _March 20, 1867_.

_To the Senate of the United States_:

I transmit to the Senate, in answer to their resolution of the 15th instant, reports[23] from the Secretary of State and the Secretary of the Treasury, with accompanying papers.

ANDREW JOHNSON.

[Footnote 23: Relating to the fees of consular agents within the districts of salaried consuls, etc.]

WASHINGTON, _March 20, 1867_.

_To the House of Representatives_:

In answer to a resolution of the House of Representatives of the 7th instant, relative to the arrest, imprisonment, and treatment of American citizens in Great Britain or its Provinces, I transmit a report from the Secretary of State on the subject.

ANDREW JOHNSON.

WASHINGTON, D.C., _March 21, 1867_.

_To the Senate of the United States_:

I herewith lay before the Senate, for its constitutional action thereon, a treaty concluded on the 19th of March, 1867, between the United States and the Chippewa tribe of Indians of the Mississippi.

A letter of the Secretary of the Interior and a copy of a letter of Hon. Lewis V. Bogy, special commissioner, of the 20th instant, explanatory of the said treaty, are also herewith transmitted.

ANDREW JOHNSON.

WASHINGTON, D.C., _March 30, 1867_.

_To the House of Representatives_:

In giving my approval to the joint resolution providing for the expenses of carrying into full effect an act entitled "An act to provide for the more efficient government of the rebel States," I am moved to do so for the following reason: The seventh section of the act supplementary to the act for the more efficient government of the rebel States provides that the expenses incurred under or by virtue of that act shall be paid out of any moneys in the Treasury not otherwise appropriated. This provision is wholly unlimited as to the amount to be expended, whereas the resolution now before me limits the appropriation to $500,000. I consider this limitation as a very necessary check against unlimited expenditure and liabilities. Yielding to that consideration, I feel bound to approve this resolution, without modifying in any manner any objections heretofore stated against the original and supplemental acts.

ANDREW JOHNSON.

WASHINGTON, _March 30, 1867_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to ratification, a treaty between the United States and His Majesty the Emperor of all the Russias upon the subject of a cession of territory by the latter to the former, which treaty was this day signed in this city by the plenipotentiaries of the parties.

ANDREW JOHNSON.

PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas objects of interest to the United States require that the Senate should be convened at 12 o'clock on Monday, the 1st day of April next, to receive and act upon such communications as may be made to it on the part of the Executive.

Now, therefore, I, Andrew Johnson, President of the United States, have considered it to be my duty to issue this my proclamation, declaring that an extraordinary occasion requires the Senate of the United States to convene for the transaction of business at the Capitol, in the city of Washington, on Monday, the 1st day of April next, at 12 o'clock on that day, of which all who shall at that time be entitled to act as members of that body are hereby required to take notice.

[SEAL.]

Given under my hand and the seal of the United States, at Washington, the 30th day of March, A.D. 1867, and of the Independence of the United States of America the ninety-first.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.

SPECIAL MESSAGES.

[The following messages were sent to the special session of the Senate.]

WASHINGTON, _March 28, 1867_.

_To the Senate of the United States_:

I transmit to the Senate, in answer to their resolution of the 20th instant, a report[24] from the Secretary of State, with accompanying documents.

ANDREW JOHNSON.

[Footnote 24: Relating to the exequatur of the consul of the Grand Duchy of Oldenburg residing at New York.]

WASHINGTON, _April 12, 1867_.

_To the Senate of the United States_:

I transmit to the Senate, in answer to their resolution of the 10th instant, calling for information relative to prisoners of war taken by belligerents in the Mexican Republic, a report from the Secretary of State, with accompanying papers.

ANDREW JOHNSON.

WASHINGTON, _April 13, 1867_.

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 28th of January last, requesting certain information in regard to governors, secretaries, and judges of Territories, I transmit herewith reports[25] from the Secretary of State, the Secretary of the Interior, and the Attorney-General.

ANDREW JOHNSON.

[Footnote 25: Relating to the absence of Territorial officers from their posts of duty.]

WASHINGTON, _April 15, 1867_.

_To the Senate of the United States_:

I transmit to the Senate, in answer to their resolution of the 13th instant, a report[26] from the Secretary of State.

ANDREW JOHNSON.

[Footnote 26: Relating to the absence of Governor Alexander Cumming from the Territory of Colorado since his appointment as governor.]

WASHINGTON, _April 16, 1867_.

_To the Senate of the United States_:

I transmit herewith reports from the heads of the several Executive Departments, in answer to the resolution of the Senate of the 11th instant, requesting "copies of any official opinions which may have been given by the Attorney-General, the Solicitor of the Treasury, or by any other officer of the Government on the interpretation of the act of Congress regulating the tenure of office, and especially with regard to appointments by the President during the recess of Congress."

ANDREW JOHNSON.

[The following messages were sent to the Fortieth Congress, first session.]

WASHINGTON, _July 5, 1867_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to ratification, a convention for commercial reciprocity between the United States and His Majesty the King of the Hawaiian Islands, which convention was signed by the plenipotentiaries of the parties in the city of San Francisco on the 21st day of May last.

ANDREW JOHNSON.

WASHINGTON, _July 5, 1867_.

_To the Senate and House of Representatives_:

I transmit to Congress a copy of a convention between the United States and the Republic of Venezuela for the adjustment of claims of citizens of the United States on the Government of that Republic. The ratifications of this convention were exchanged at Caracas on the 10th of April last. As its first article stipulates that the commissioners shall meet in that city within four months from that date, the expediency of passing the usual act for the purpose of carrying the convention into effect will, of course, engage the attention of Congress.

ANDREW JOHNSON.

WASHINGTON, _July 6, 1867_.

_To the Senate and House of Representatives_:

I transmit to Congress a copy of a treaty between the United States and His Majesty the Emperor of all the Russias, the ratifications of which were exchanged in this city on the 20th day of June last.

This instrument provides for a cession of territory to the United States in consideration of the payment of $7,200,000 in gold. The attention of Congress is invited to the subject of an appropriation for this payment, and also to that of proper legislation for the occupation and government of the territory as a part of the dominion of the United States.

ANDREW JOHNSON.

WASHINGTON, _July 6, 1867_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to ratification, a convention between the United States, Great Britain, France, the Netherlands, and Japan, concluded at Yedo on the 25th of June, 1866.

ANDREW JOHNSON.

WASHINGTON, _July 8, 1867_.

_To the House of Representatives_:

I transmit herewith a report from the Attorney-General, additional to the reports submitted by him December 31, 1866, and March 2, 1867, in reply to a resolution of the House of Representatives of December 10, 1866, requesting "a list of names of all persons engaged in the late rebellion against the United States Government who have been pardoned by the President from April 15, 1865, to this date; that said list shall also state the rank of each person who has been so pardoned, if he has been engaged in the military service of the so-called Confederate government, and the position if he shall have held any civil office under said so-called Confederate government; and shall also further state whether such person has at any time prior to April 14, 1861, held any office under the United States Government, and, if so, what office, together with the reasons for granting such pardon, and also the names of the person or persons at whose solicitation such pardon was granted."

ANDREW JOHNSON.

WASHINGTON, _July 9, 1867_.

_To the House of Representatives_

In compliance with the resolution of the House of Representatives of the 5th of July, requesting the President "to inform the House what States have ratified the amendment to the Constitution of the United States proposed by concurrent resolution of the two Houses of Congress, June 16, 1866," I transmit a report from the Secretary of State.

ANDREW JOHNSON.

WASHINGTON, _July 10, 1867_.

_To the House of Representatives_:

In compliance with so much of the resolution of the House of Representatives of the 8th instant as requests information in regard to certain agreements said to have been entered into between the United States, European and West Virginia Land and Mining Company and certain reputed agents of the Republic of Mexico, I transmit a report from the Secretary of State and the papers accompanying it.

ANDREW JOHNSON.

WASHINGTON, _July 11, 1867_.

_To the House of Representatives_:

In compliance with the resolution of the House of Representatives of the 3d instant, requesting me to transmit all the official correspondence between the Department of State and the Hon. Lewis D. Campbell, late minister to Mexico, and also that with his successor, I communicate a report from the Secretary of State and the papers accompanying it.

ANDREW JOHNSON.

WASHINGTON, _July 12, 1867_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 8th instant, requesting me to transmit "all the official correspondence between the Department of State and the Hon. Lewis D. Campbell, late minister of the United States to the Republic of Mexico, from the time of his appointment, also the correspondence of the Department with his successor," I communicate herewith a report on the subject from the Secretary of State, from which it appears that the correspondence called for by the Senate has already been communicated to the House of Representatives.

ANDREW JOHNSON.

WASHINGTON, D.C., _July 15, 1867_.

_To the Senate of the United States_:

I transmit herewith reports from the Secretary of War and the Attorney-General, containing the information called for by the resolution of the Senate of the 3d instant, requesting the President "to communicate to the Senate copies of all orders, instructions, circular letters, or letters of advice issued to the respective military officers assigned to the command of the several military districts under the act passed March 2, 1867, entitled 'An act to provide for the more efficient government of the rebel States,' and the act supplementary thereto, passed March 23, 1867; also copies of all opinions given to him by the Attorney-General of the United States touching the construction and interpretation of said acts, and of all correspondence relating to the operation, construction, or execution of said acts that may have taken place between himself and any of said commanders, or between him and the General of the Army, or between the latter and any of said commanders, touching the same subjects; also copies of all orders issued by any of said commanders in carrying out the provisions of said acts or either of them; also that he inform the Senate what progress has been made in the matter of registration under said acts, and whether the sum of money heretofore appropriated for carrying them out is probably sufficient."

In answer to that portion of the resolution which inquires whether the sum of money heretofore appropriated for carrying these acts into effect is probably sufficient, reference is made to the accompanying report of the Secretary of War. It will be seen from that report that the appropriation of $500,000 made in the act approved March 30, 1867, for the purpose of carrying into effect the "Act to provide for the more efficient government of the rebel States," passed March 2, 1867, and the act supplementary thereto, passed March 23, 1867, has already been expended by the commanders of the several military districts, and that, in addition, the sum of $1,648,277 is required for present purposes.

It is exceedingly difficult at the present time to estimate the probable expense of carrying into full effect the two acts of March last and the bill which passed the two Houses of Congress on the 13th instant. If the existing governments of ten States of the Union are to be deposed and their entire machinery is to be placed under the exclusive control and authority of the respective district commanders, all the expenditures incident to the administration of such governments must necessarily be incurred by the Federal Government. It is believed that, in addition to the $2,100,000 already expended or estimated for, the sum which would be required for this purpose would not be less than $14,000,000--the aggregate amount expended prior to the rebellion in the administration of their respective governments by the ten States embraced in the provisions of these acts. This sum would no doubt be considerably augmented if the machinery of these States is to be operated by the Federal Government, and would be largely increased if the United States, by abolishing the existing State governments, should become responsible for liabilities incurred by them before the rebellion in laudable efforts to develop their resources, and in no wise created for insurrectionary or revolutionary purposes. The debts of these States, thus legitimately incurred, when accurately ascertained will, it is believed, approximate $100,000,000; and they are held not only by our own citizens, among whom are residents of portions of the country which have ever remained loyal to the Union, but by persons who are the subjects of foreign governments. It is worthy the consideration of Congress and the country whether, if the Federal Government by its action were to assume such obligations, so large an addition to our public expenditures would not seriously impair the credit of the nation, or, on the other hand, whether the refusal of Congress to guarantee the payment of the debts of these States, after having displaced or abolished their State governments, would not be viewed as a violation of good faith and a repudiation by the national legislature of liabilities which these States had justly and legally incurred.

ANDREW JOHNSON.

WASHINGTON, _July 18, 1867_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 8th instant, requesting me to furnish to that body copies of any correspondence on the files of the Department of State relating to any recent events in Mexico, I communicate a report from the Secretary of State, with the papers accompanying it.

ANDREW JOHNSON.

WASHINGTON, _July 18, 1867_.

_To the House of Representatives_:

In compliance with that part of the resolution of the House of Representatives of the 8th instant which requests me to transmit to the House of Representatives any official correspondence or other information relating to the capture and execution of Maximilian and the arrest and reported execution of Santa Anna in Mexico, I inclose herewith a report from the Secretary of State, from which it appears that the correspondence called for by the House of Representatives has already been communicated to the Senate of the United States.

ANDREW JOHNSON.

WASHINGTON, _July 20, 1867_.

_To the House of Representatives_:

I have received a resolution adopted by the House of Representatives on the 8th instant, inquiring "whether the publication which appeared in the National Intelligencer and other public prints on the 21st of June last, and which contained a statement of the proceedings of the President and Cabinet in respect to an interpretation of the acts of Congress commonly known as the reconstruction acts, was made by the authority of the President or with his knowledge and consent," and "whether the full and complete record or minute of all the proceedings, conclusions, and determinations of the President and Cabinet relating to said acts of Congress and their interpretation is embraced or given in said publication," and also requesting that "a true copy of the full and complete record or minute of such proceedings, conclusions, and determinations in regard to the interpretation of said reconstruction acts" be furnished to the House.

In compliance with the request of the House of Representatives, I have to state that the publication to which the resolution refers was made by proper authority, and that it comprises the proceedings in Cabinet relating to the acts of Congress mentioned in the inquiry, upon which, after taking the opinions of the heads of the several Executive Departments of the Government, I had announced my own conclusions. Other questions arising from these acts have been under consideration, upon which, however, no final conclusion has been reached. No publication in reference to them has, therefore, been authorized by me; but should it at any time be deemed proper and advantageous to the interests of the country to make public those or any other proceedings of the Cabinet, authority for their promulgation will be given by the President.

A correct copy of the record of the proceedings, published in the National Intelligencer and other newspapers on the 21st ultimo, is herewith transmitted, together with a copy of the instructions based upon the conclusions of the President and Cabinet and sent to the commanders of the several military districts created by act of Congress of March 2, 1867.

ANDREW JOHNSON.

IN CABINET, _June 18, 1867_.

Present: The President, the Secretary of State, the Secretary of
the Treasury, the Secretary of War, the Secretary of the Navy, the
Postmaster-General, the Attorney-General, the Acting Secretary of
the Interior.

The President announced that he had under consideration the two opinions
from the Attorney-General as to the legal questions arising upon the
acts of Congress commonly known as the reconstruction acts, and that in
view of the great magnitude of the subject and of the various interests
involved he deemed it proper to have it considered fully in the Cabinet
and to avail himself of all the light which could be afforded by the
opinions and advice of the members of the Cabinet, to enable him to see
that these laws be faithfully executed and to decide what orders and
instructions are necessary and expedient to be given to the military
commanders.

The President said further that the branch of the subject that seemed to
him first in order for consideration was as to the instructions to be
sent to the military commanders for their guidance and for the guidance
of persons offering for registration. The instructions proposed by the
Attorney-General, as set forth in the summary contained in his last
opinion, will therefore be now considered.

The summary was then read at length.

The reading of the summary having been concluded, each section was then
considered, discussed, and voted upon as follows:

1. The oath prescribed in the supplemental act defines all the
qualifications required, and every person who can take that oath is
entitled to have his name entered upon the list of voters.

All vote "aye" except the Secretary of War, who votes "nay."

2. The board of registration have no authority to administer any other
oath to the person applying for registration than this prescribed
oath, nor to administer any oath to any other person touching the
qualifications of the applicant or the falsity of the oath so taken
by him.

No provision is made for challenging the qualifications of the applicant
or entering upon any trial or investigation of his qualifications,
either by witnesses or any other form of proof.

All vote "aye" except the Secretary of War, who votes "nay."

3. As to citizenship and residence:

The applicant for registration must be a citizen of the State and of the
United States, and must be a resident of a county or parish included in
the election district. He may be registered if he has been such citizen
for a period less than twelve months at the time he applies for
registration, but he can not vote at any election unless his citizenship
has then extended to the full term of one year. As to such a person, the
exact length of his citizenship should be noted opposite his name on the
list, so that it may appear on the day of election, upon reference to
the list, whether the full term has then been accomplished.

Concurred in unanimously.

4. An unnaturalized person can not take this oath, but an alien who has
been naturalized can take it, and no other proof of naturalization can
be required from him.

All vote "aye" except the Secretary of War, who votes "nay."

5. No one who is not 21 years of age at the time of registration can
take the oath, for he must swear that he has then attained that age.

Concurred in unanimously.

6. No one who has been disfranchised for participation in any rebellion
against the United States or for felony committed against the laws of
any State or of the United States can take this oath.

The actual participation in a rebellion or the actual commission of a
felony does not amount to disfranchisement. The sort of disfranchisement
here meant is that which is declared by law passed by competent
authority, or which has been fixed upon the criminal by the sentence of
the court which tried him for the crime.

No law of the United States has declared the penalty of disfranchisement
for participation in rebellion alone; nor is it known that any such law
exists in either of these ten States, except, perhaps, Virginia, as to
which State special instructions will be given.

All vote "aye" except the Secretary of War, who dissents as to the
second and third paragraphs.

7. As to disfranchisement arising from having held office followed by
participation in rebellion:

This is the most important part of the oath, and requires strict
attention to arrive at its meaning. The applicant must swear or affirm
as follows:

"That I have never been a member of any State legislature, nor held any
executive or judicial office in any State, and afterwards engaged in an
insurrection or rebellion against the United States or given aid or
comfort to the enemies thereof; that I have never taken an oath as a
member of Congress of the United States, or as an officer of the United
States, or as a member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution of the United
States, and afterwards engaged in insurrection or rebellion against the
United States or given aid or comfort to the enemies thereof."

Two elements must concur in order to disqualify a person under these
clauses: First, the office and official oath to support the Constitution
of the United States; second, engaging afterwards in rebellion. Both
must exist to work disqualification, and must happen in the order of
time mentioned.

A person who has held an office and taken the oath to support the
Federal Constitution and has not afterwards engaged in rebellion is not
disqualified. So, too, a person who has engaged in rebellion, but has
not theretofore held an office and taken that oath, is not disqualified.

All vote "aye" except the Secretary of War, who votes "nay."

8. Officers of the United States:

As to these the language is without limitation. The person who has at
any time prior to the rebellion held any office, civil or military,
under the United States, and has taken an official oath to support the
Constitution of the United States, is subject to disqualification.

Concurred in unanimously.

9. Militia officers of any State prior to the rebellion are not subject
to disqualification.

All vote "aye" except the Secretary of War, who votes "nay."

10. Municipal officers--that is to say, officers of incorporated cities,
towns, and villages, such as mayors, aldermen, town council, police, and
other city or town officers--are not subject to disqualification.

Concurred in unanimously.

11. Persons who have prior to the rebellion been members of the Congress
of the United States or members of a State legislature are subject to
disqualification, but those who have been members of conventions framing
or amending the constitution of a State prior to the rebellion are not
subject to disqualification.

Concurred in unanimously.

12. All the executive or judicial officers of any State who took an
oath to support the Constitution of the United States are subject
to disqualification, including county officers. They are subject to
disqualification if they were required to take as a part of their
official oath the oath to support the Constitution of the United States.

Concurred in unanimously.

13. Persons who exercised mere employments under State authority are
not disqualified; such as commissioners to lay out roads, commissioners
of public works, visitors of State institutions, directors of State
institutions, examiners of banks, notaries public, commissioners to
take acknowledgments of deeds.

Concurred in unanimously; but the Secretary of State, the Secretary of
the Treasury, and the Secretary of War express the opinion that lawyers
are such officers as are disqualified if they participated in the
rebellion. Two things must exist as to any person to disqualify him from
voting: First, the office held prior to the rebellion, and, afterwards,
participation in the rebellion.

14. An act to fix upon a person the offense of engaging in rebellion
under this law must be an overt and voluntary act, done with the intent
of aiding or furthering the common unlawful purpose. A person forced
into the rebel service by conscription or under a paramount authority
which he could not safely disobey, and who would not have entered such
service if left to the free exercise of his own will, can not be held
to be disqualified from voting.

All vote "aye" except the Secretary of War, who votes "nay" as the
proposition is stated.

15. Mere acts of charity, where the intent is to relieve the wants of
the object of such charity, and not done in aid of the cause in which he
may have been engaged, do not disqualify; but organized contributions
of food and clothing for the general relief of persons engaged in the
rebellion, and not of a merely sanitary character, but contributed to
enable them to perform their unlawful object, maybe classed with acts
which do disqualify. Forced contributions to the rebel cause in the form
of taxes or military assessments, which a person was compelled to pay or
contribute, do not disqualify; but voluntary contributions to the rebel
cause, even such indirect contributions as arise from the voluntary loan
of money to the rebel authorities or purchase of bonds or securities
created to afford the means of carrying on the rebellion, will work
disqualification.

Concurred in unanimously.

16. All those who in legislative or other official capacity were engaged
in the furtherance of the common unlawful purpose, where the duties of
the office necessarily had relation to the support of the rebellion,
such as members of the rebel conventions, congresses, and legislatures,
diplomatic agents of the rebel Confederacy, and other officials whose
offices were created for the purpose of more effectually carrying on
hostilities or whose duties appertained to the support of the rebel
cause, must be held to be disqualified; but officers who during the
rebellion discharged official duties not incident to war, but only such
duties as belong even to a state of peace and were necessary to the
preservation of order and the administration of law, are not to be
considered as thereby engaging in rebellion or as disqualified. Disloyal
sentiments, opinions, or sympathies would not disqualify, but where a
person has by speech or writing incited others to engage in rebellion he
must come under the disqualification.

All vote "aye" except the Secretary of War, who dissents to the second
paragraph, with the exception of the words "where a person has by speech
or by writing incited others to engage in rebellion he must come under
the disqualification."

17. The duties of the board appointed to superintend the elections.

This board, having the custody of the list of registered voters in the
district for which it is constituted, must see that the name of the
person offering to vote is found upon the registration list, and if such
proves to be the fact it is the duty of the board to receive his vote if
then qualified by residence. They can not receive the vote of any person
whose name is not upon the list, though he may be ready to take the
registration oath, and although he may satisfy them that he was unable
to have his name registered at the proper time, in consequence of
absence, sickness, or other cause.

The board can not enter into any inquiry as to the qualifications of
any person whose name is not on the registration list, or as to the
qualifications of any person whose name is on that list..

Concurred in unanimously.

18. The mode of voting is provided in the act to be by ballot. The board
will keep a record and poll book of the election, showing the votes,
list of voters, and the persons elected by a plurality of the votes cast
at the election, and make returns of these to the commanding general of
the district.

Concurred in unanimously.

19. The board appointed for registration and for superintending the
elections must take the oath prescribed by the act of Congress approved
July 2, 1862, entitled "An act to prescribe an oath of office."

Concurred in unanimously.

IN CABINET, _June 20, 1867_.

Present: The same Cabinet officers as on the 18th, except the Acting
Secretary of the Interior.

The President announced to the Cabinet that after full deliberation he
concurred with the majority upon the sections of the summary upon which
the Secretary of War expressed his dissent, and that he concurred with
the Cabinet upon those sections approved by unanimous vote; that as it
appeared the military commanders entertained doubts upon the points
covered by the summary, and as their action hitherto had not been
uniform, he deemed it proper, without further delay, to communicate in
a general order[27] to the respective commanders the points set forth
in the summary.

[Footnote 27: See Executive order of June 20, 1867, pp. 552-556.]

VETO MESSAGES.

WASHINGTON, _March 23, 1867_.

_To the House of Representatives_:

I have considered the bill entitled "An act supplementary to an act entitled 'An act to provide for the more efficient government of the rebel States,' passed March 2, 1867, and to facilitate restoration," and now return it to the House of Representatives with my objections.